In Indiana, the clock starts the moment you are injured. Under Ind. Code § 34-11-2-4, most personal injury claims must be filed within two years of the date of the injury. This covers car accidents, slip and falls, most premises cases, and many other claims. Miss the deadline and a court will almost certainly dismiss your case no matter how strong it is.
The General Rule: Two Years
Two years can feel like a long time, but it passes quickly when you are focused on recovering, dealing with adjusters, and trying to return to work. Evidence fades just as fast: witnesses move, surveillance footage is overwritten, and skid marks wash away. The practical deadline to start building a strong case is far earlier than the legal deadline to file.
The Government Tort-Claim Trap
If your injury involves a government entity — a city bus, a county truck, a pothole on a state road, or a fall in a public building — Indiana's deadlines shrink dramatically. Under the Indiana Tort Claims Act, you must serve a written tort-claim notice on a political subdivision within 180 days, and on the State within 270 days.
That notice has strict content requirements. A defective or late notice can bar your claim entirely. Because so many Indiana accidents involve some government component, it is risky to assume you have the full two years.
The Discovery Rule and Other Exceptions
Indiana recognizes a discovery rule that can delay when the clock starts. When an injury is not immediately apparent — a misdiagnosis or a slow-developing condition, for example — the two years may begin when you knew or reasonably should have known of the injury and its cause.
Other exceptions can pause the clock. For children, the deadline is generally tolled until adulthood. For someone legally incapacitated, the period may be tolled during the incapacity. These rules are fact-specific and routinely disputed by insurers, so they should never be relied on without legal guidance.
Why Acting Early Protects Your Claim
Beyond the deadlines, early action preserves the evidence that wins cases. An attorney can send litigation-hold letters so a trucking company cannot delete electronic logs, secure surveillance video before it loops, and document a hazard before it is repaired. The sooner the investigation begins, the stronger your position.
If you were hurt in Indiana, do not wait to learn which deadline applies. A free case review can pin down the exact timeline for your claim and make sure no deadline slips past.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Indiana attorney.